IN THE CASE OF:
BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150003474
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the appropriate awards and decorations for his service in Vietnam.
2. The applicant states he was awarded the Vietnam Service Medal (VSM) with one bronze service star; however, he is authorized four bronze service stars for wear on this award.
3. The applicant provides a copy of his DD Form 214 and a copy of a U.S. Army Tank-automotive and Armaments Command (TACOM) packing slip.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show:
a. He was inducted into the Army of the United States on 12 March 1969.
b. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
c. He served in the Republic of Vietnam (RVN) from on or about 25 August 1969 to 24 August 1970.
d. He was assigned to Company C, 3rd Battalion, 22nd Infantry, 25th Infantry Division as a rifleman during his tour of duty in the RVN.
e. Headquarters, 25th Infantry Division, awarded the applicant the:
* Bronze Star Medal (BSM) in General Orders (GO) Number 7060, dated 25 June 1970
* BSM (2nd Award) with "V" Device in GO Number 7813, dated 16 July 1970
3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was reduced from specialist four/E-4 to private first class/E-3, effective 4 February 1970. His disciplinary record includes two periods of being absent without leave (AWOL) for which he accepted nonjudicial punishment on 23 August 1969 and 9 December 1970.
4. He was honorably released from active duty on 31 March 1971 in the rank/pay grade of specialist four/E-4.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* RVN Campaign Medal with Device (1960)
* VSM with bronze service star
* Air Medal
* BSM (2nd Award)
6. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with
participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show the appropriate awards and decorations for his service in Vietnam.
2. His DD Form 214 shows he was awarded the VSM with one bronze service star; however, his record confirms he participated in four campaigns while serving in Vietnam; therefore, he meets the criteria for award of four bronze service stars for wear on his previously-awarded VSM.
3. His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment. This unit award is not listed on his DD Form 214.
4. GO awarded the applicant the BSM (2nd Award) with V Device; however, his DD Form 214 incorrectly shows he was awarded the BSM (2nd Award).
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from his DD Form 214 the VSM with bronze service star and BSM (2nd Award); and
b. adding to his DD Form 214 the following awards:
* BSM (2nd Award) with V Device
* RVN Gallantry Cross with Palm Unit Citation
* VSM with four bronze service stars
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20150003474
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150003474
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140017003
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM) (2nd Award). Army Regulation 600-8-22 (Military Awards) provides for award of the VSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the VSM and adding the following awards to his DD Form 214: * BSM (2nd Award) * VSM with four bronze...
ARMY | BCMR | CY2011 | 20110001935
The applicant requests correction of his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM) (2nd Award) and his grade as sergeant (SGT)/E-5 in two separate applications, 2. The evidence of record also shows that based on his RVN service and campaign participation, the applicant is entitled to the VUA, RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars with his VSM. Absent any...
ARMY | BCMR | CY2014 | 20140010371
The applicant requests to have award orders filed in his official military personnel file (OMPF) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Bronze Star Medal (BSM) (3rd Award) with "V" Device * Army Commendation Medal (ARCOM) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Gallantry Cross with Silver Star 2. His records do not contain and he does not provide any evidence...
ARMY | BCMR | CY2014 | 20140003992
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show: * Bronze Star Medal (BSM) for meritorious service * BSM (2nd Award) with "V" Device * Air Medal (AM) 2. In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 16 November 1967 through 10 September 1970 and to add this award to his DD Form 214. As a result, the Board...
ARMY | BCMR | CY2011 | 20110002704
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and an additional Bronze Star Medal (BSM). Therefore, it would be appropriate to correct his DD Form 214 to show one award of the RVN Civil Actions Honor Medal First Class Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110019345
It shows that during the applicant's tenure of assignment in the RVN, his unit, 3rd Battalion, 39th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army GO (DAGO) 31, dated 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1968-28 June 1969 by DAGO 43, dated 1970. In this case, the evidence of record clearly shows the applicant was assigned to...
ARMY | BCMR | CY2012 | 20120003454
The applicant's record contains a DD Form 214 for the period ending 30 July 1971. General orders awarded him the DFC (2nd Award) and he is entitled to addition of this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 29 March 1968 through 27 July 1969, b. deleting award of the DFC and VSM from his DD Form 214 for the period ending 30 July 1971,...
ARMY | BCMR | CY2014 | 20140018773
General Orders Number 885, issued by Headquarters, II Field Force Vietnam Artillery, dated 29 July 1970 awarded him the BSM for meritorious service in connection with military operations against a hostile force for the period from August 1969 to July 1970. Therefore, his DD Form 214 should be corrected to show these unit awards. Adding the following awards to his DD Form 214: * BSM * RVN Gallantry Cross with Palm Unit Citation * MUC * VSM with four bronze service stars * RVN Civil Actions...
ARMY | BCMR | CY2008 | 20080015065
IN THE CASE OF: BOARD DATE: 8 January 2009 DOCKET NUMBER: AR20080015065 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) dated 7 May 1970, be corrected to add the Bronze Star Medal (BSM), Vietnam Service Medal (VSM) with 4 bronze service stars, Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Meritorious Unit Commendation (MUC) with...
ARMY | BCMR | CY2011 | 20110014411
The evidence of record also shows the applicant earned three marksmanship badges that were not listed in item 24 of his DD Form 214. However, his unit was never cited for award of the MUC at any time during its service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal and b. adding to item 24 of his DD Form 214 the: * Vietnam Service Medal...